Friday, June 10, 2011

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  • Scythe
    11-28 03:10 PM
    Oh, you :fab:




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  • rbashir
    06-11 09:12 PM
    Guys
    I need your sincere advice, I am currently working for companay A, labor files 2003 , PD December 2003, 45 days letter recieved and send in September 2005. Applied for 7th year ectension. I am from non-retrogress countrym but since EB3 is in bad shape so I am retrogressed. Now the situation is that another company is willing to hire me and want to transfer may case also. The are ready to file my case in PERM. My question is, that is it possible for file the labor in EB2 since its current and the BIG question is I am eligible to file EB2, I have bachelors degree with 5 years of progressive experience. Currently I am working as information security engineer and the new company wants to hire me as an Information security analyst. My lawyer advice me not to do so , as he said labor might now get approived in PERM under EB2.
    Please Please advice me on this matter.

    Thanks




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  • rakesh_uvce
    10-10 09:01 AM
    hi mpadapa,

    I couldnt find that question. Do you know aapprox what time after the conference call started or the name of the guy who posted that question?
    thanks




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  • ivar
    02-07 09:48 AM
    How did you celebrate?
    What are your changed plans now in life?

    Nothing much has changed right now, but first thing i want to do is vacation to india to see my parents. I can feel the difference no wasting time and money on H1 stamping as the first benefit :) as far as celebration we had a party this weekend. i wish you good luck.



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  • Chiwere
    07-29 08:07 PM
    Conchshell raised a valid point, but instead of seeking cooperation we should try to neutralize CHC - oppose any potential relief to illegals. It is about time we paid them back in the same coin.




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  • roseball
    11-09 09:57 PM
    Hello gurus,

    I have one doubt abt requirements to port EB2.

    my EB3 priority date is Aug 2005, now i am planning to apply EB2 with different employer. do i need 5 yrs experience as of my Eb3 priority date in order to port Eb3 priority date to Eb3 ? my lawyer is saying i need 5 yrs experience as of Aug 2005 is it true ?


    thanks a lot for your help

    Your lawyer is wrong. You should have 5 yrs of experience at the time of EB2 PERM application.



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  • ilikekilo
    06-07 04:16 PM
    I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..

    Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.

    I will leave the job judgement upto you..

    Regarding the place..

    I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..

    Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..

    Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..

    though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...

    I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...

    positives: weather, cost of living
    negatives: avg. city life, lesser job opportunities(compared to chicago)

    I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...

    good luck and plan wisely!!


    thanks for sharing ur insight..iam in Chicago, althought not right in downtown, I do agree with the vibrant nature of the city and people in it...cant beat the commute facilities too, downsides, yes, terrible terrible winters, high cost of living...etc..its JUne and it still low 50's..:)




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  • fundo14
    02-19 12:36 PM
    Hi All,

    I wanted to share my experience at the port of entry using AP.

    Just to give a quick background me and my wife have been working on H1 for last 8 years, we both were working on our H1’s at the time of leaving for vacation one month back.
    Our 485/EAD/AP was filed on July 2nd, 2007; my wife is a Primary Applicant.

    We have our 485 receipts/ approved EAD’s and AP’s with us.

    Also, our H1 Petition’s are valid till 2010 but the stamping on passport is expired, we did not get stamping in India as we intended to enter using AP

    At the Port of entry this is how it went:

    Officer: Very rudely asked for our passports & I-94
    We gave him our Passports, I-94 forms and Original AP’s

    Officer: What’s the purpose of your visit?
    Our Answer: To join back at our respective work.

    Officer: Work? Who’s the primary applicant?
    My answer: My wife

    Officer: Then how the hell you will work here, you cannot work here, only your wife can work as the petition is on her name, you are a derivative.
    My answer: But I have work Authorization (showed our EAD cards)

    Officer: That’s all bullhshit, does not mean anything…you can not work here.
    My answer: I politely told him that sir when we left country a month ago we both were working on H1’s, now we are seeking entry on AP.

    Officer: yeh but don’t do fraud, you cannot work here (Very rudely)...who told you that you can work here.
    My Answer: Again I explained politely- Sir, we filed for 485 which made us eligible to get EAD’s, showed him the EAD card again (which clearly states “Authorized to work in US till validity of this card” Our EAD’s are valid till end of 2008)

    Officer: listen don’t teach me law, I have been working here for “x” number of years, and you think you know laws better than me.

    After this I and my wife decided to keep quite as that moron was not ready to listen and understand anything.

    Officer (rudely): I will set this straight for you…then we were asked to follow him in a separate room. Many people were waiting there I guess most of them using AP

    The Officer went to one other custom officer there and pointed towards us and explained him something which we could not hear.

    We waited � an hour till our named was called…I was worried that they will now create lot problems for us but to my surprise we were just handed our Passports along with AP’s / I-94 stamped as “AOS” and told you are all set... Absolutely No questions asked.

    I am worried if he has entered some nasty remarks on my case…not sure.

    Now this entire incident makes me wonder what that officer was talking about, my guess is one of the following:

    1. He assumed throughout that my wife is entering on H1 and I on H4
    2. Or he did realize his mistake but was too egoistic to accept it.
    3. Or he was right and I was wrong about working on EAD (being derivative)...am I missing something here??

    One of my suggestion from all this experience is that anybody entering on AP always state the purpose of visit is to “Resume pending AOS”

    In last 8 years I have re-entered US like 6 times but never faced such a rude Immigration officer or have been treated like this.

    Guru’s please advice if there is a possibility to reinstate our status as H1, we would rather work on H1 then on EAD’s

    Thanks!



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  • glus
    12-08 12:24 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?

    One can study on H1B visa and there is no effect on an underlying GC process as long as one obeys all the H1B requirements.




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  • kp9999
    03-31 05:36 PM
    Hi
    I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..

    Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?

    Thanks
    kp



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  • krishmunn
    01-18 10:06 AM
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees

    15K for filing H1 ?????




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  • boreal
    02-25 08:02 PM
    I would like to ask the same question but a bit more specific.

    For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?

    Thanks

    Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..



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  • ilikekilo
    06-07 04:16 PM
    I agree 100% with jthomas above...moving from a secured job is not advisable in this market..I lived in Atlanta for a few years recently and can shed some light on the place..

    Even if you have a secured job/contract, it would take a while to get into the new work environment and unless you are absolutely undisposable, you would be on the list of maybe's being a new-hire.

    I will leave the job judgement upto you..

    Regarding the place..

    I moved from chicago to atlanta as well...the place is quite warm and not too hot like dallas...greener and more relaxed..

    Again this depends on your job, dunwoody is a better place..it is in north suburbs..unlike chicago, you can drive downtown to work if you are working downtown...and also unlike chicago most companies in downtown have their own parking and you dont have to pay extra..

    Rent is cheap..I used to rent a townhome in chicago suburbs for 1500$ and I can get a townhome in downtown atlanta for 1000$..you can calculate from that..

    though I lived downtown atlanta for a while..i strongly suggest if you have family to avoid living in downtown..it is not safe and not a place for kids and family to relax and roam around...

    I dont know how long you lived in chicago..but once you move you will definitely miss the vibrant life of chicago...atleast i did..lot of indian restaurants in atlanta but none of them are decent...

    positives: weather, cost of living
    negatives: avg. city life, lesser job opportunities(compared to chicago)

    I am not sure which way my suggestions tilt above..just a disclaimer..i lived in chicago for ~6yrs and absoutely love the place...that might have clouded my judgement a bit..but you can take what suits you from it...

    good luck and plan wisely!!


    thanks for sharing ur insight..iam in Chicago, althought not right in downtown, I do agree with the vibrant nature of the city and people in it...cant beat the commute facilities too, downsides, yes, terrible terrible winters, high cost of living...etc..its JUne and it still low 50's..:)




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  • pappu
    03-17 03:55 PM
    http://www.dhs.gov/xabout/structure/gc_1294871282792.shtm

    Teleconference Recap: FOIA: How Is It Working For You?

    On December 6, 2010, the Ombudsman's Office hosted a public teleconference on "FOIA: How Is It Working for You?" where the Ombudsman's Office interviewed Terry Sloan, Acting Center Director, National Records Center and Jill Eggleston, the Assistant Center Director ofFreedom of Information Act (FOIA) Operations for the National Records Center at the U.S. Citizenship and Immigration Services (USCIS).

    Inquiries to the Ombudsman's Office have identified FOIA requests as an area where the public continues to experience frustration in relation to citizenship and immigration services. Please direct any inquiries related to the topics raised in this teleconference to Margaret Gleason, Senior Advisor to the Ombudsman, at margaret.gleason@dhs.gov. If you have a concern with your USCIS FOIA request and have been unable to resolve the issue with USCIS, the Ombudsman's Office may be able to help.
    Freedom of Information Act

    Under the FOIA statute, "any person" may request documents from a U.S. government agency. This applies to both U.S. citizens and to citizens of foreign countries. The law allows 20 business days for response to a FOIA request. USCIS has been unable to make that deadline to date, although processing has improved in the past few years. Agencies may withhold information from a FOIA requester under certain exemptions. The law does not allow an agency to withhold information for other reasons, such as possible embarrassment to the agency.
    USCIS Processing of FOIA Requests

    USCIS FOIA processing is consolidated at the National Records Center (NRC). Prior to 2005, FOIA requests were decentralized, and could be handled on the local level by USCIS. In FY 2006, USCIS had a backlog of more than 88,000 FOIA requests. Jill Eggleston reported in the teleconference that in FY 2010 the backlog was down to 8,000 cases.

    There are currently 120 NRC employees, with 30 more new employees authorized for hiring in 2011. Ms. Eggleston informed teleconference participants that current USCIS processing times for FOIA requests vary according to the type of request and that USCIS sorts FOIA requests into three separate tracks. Ms Eggleston also noted the processing time for each type of request.

    * Track One FOIA Requests, or simple document requests, are those that request only a specific document, such as a copy of a particular immigration petition.
    Processing time: 43 working days
    * Track Two FOIA Requests are those where an entire file is requested.
    Processing time: 34 working days
    * Track Three FOIA Requests are those requests where the individual has a pending hearing scheduled before the Immigration Court.
    Processing time: 59 working days

    In the FOIA Annual Report for Fiscal Year 2009, the processing times published for USCIS show an average processing time of 215 business days for Track One FOIA requests, 344 business days for Track Two FOIA requests, and an average of 60 business days for Track Three FOIA Requests.
    USCIS FOIA Process

    As stated on the teleconference, FOIA requests to USCIS can be made with a Form G-639 (PDF - 2 pages, 100 KB) or by written request submitted by mail to USCIS NRC, P.O. Box 648010, Lee's Summit, Mo. 64064-8010; or by fax to 816-350-5785. Most FOIA requests are free, but if fees exceed $25, the requester will be notified in advance of such a charge. Ms. Eggleston stated that a web-based request system would be established in the near future and will be rolled out in two phases: Phase One will be for media requests, while Phase Two will be for all other requests. Currently, the status of a FOIA request can be checked with an NRC receipt number through the FOIA link on USCIS Home Page (http://www.uscis.gov).

    Appeals of USCIS FOIA denials or material withheld under FOIA exemptions may be filed to USCIS FOIA Appeals, 150 Space Center Loop, Lee's Summit, Mo. 64064-2139.

    As noted in the teleconference, more information on filing FOIA requests with other Department of Homeland Security components, such as U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, is available at DHS | Freedom of Information Act & Privacy Act (http://www.dhs.gov/foia).
    Expedite Criteria

    By regulation, there are narrow expedite criteria that may allow a requester priority to receive a FOIA response. Expedites will only be granted for cases that present an imminent threat to life or safety requiring the FOIA response, or where there is an urgency to inform the public.

    Overall, FOIA requests are handled on a first-come, first-served basis, which is only differentiated based on the three tracks described above, or the occasional expedite case.
    Teleconference Questions

    In response to questions from callers on the teleconference, Ms. Eggleston stated that certain information is required with a FOIA request to verify identity including name, address, date of birth, and place of birth. Without this information, a FOIA request is incomplete. If information in a file is incorrect, a Form G-639 (PDF - 2 pages, 100 KB) can be used to correct information under the Privacy Act. Another caller asked if USCIS could retrieve an envelope with a postmark from a particular file under FOIA. This documentation might be needed to support an application for adjustment of status under . Ms. Eggleston stated that there is a separate receipt file where payments to USCIS are recorded. If a receipt is requested, the FOIA request should specify that the NRC should search the alien's receipt file.

    If records are requested on behalf of a child, Ms. Eggleston stated that names of parents will be requested, and USCIS may ask for proof of parent or guardian relationship before sending information to that party.

    Ms. Eggleston said that sometimes in denying FOIA requests for persons with final removal orders, USCIS invokes the 'fugitive disentitlement doctrine' under Meddah v. Reno, No. 98-1444, (E.D. Pa. Dec. 8, 1998). She also said that her office may refer such FOIA requests to Immigration and Customs Enforcement (ICE



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  • gcwanter
    06-28 03:53 PM
    SNaidu, Rajiv Khanna was on his way to your home, his car broke down so he could not deliver you this message. He needs a ride now. Please help him.


    AS it is people are so stressed out attending medical appts 200 miles away from home. and being poked with vaccinations in all possible places..damn the body pain after DPT is miserable

    also the details of the applications and the volatility of the way things may change ; ignoring the fact that everything is in the hands of your employer/lawyer.....

    not to forget that the financial misery if you are filing for self + 2 dependents + lawyer fees is exceeding 5k...

    why do you want open such nonsensical threads and raise the adrenalin...???

    i wouldnt be surprised to be diagnosed with adrenalin tumor if this situation persists long...




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  • talash
    07-19 05:03 PM
    Positive PPD just means u are exposed to TB is the past ans CXR confirms that u dont have active disease .Treatment in this case is only optional and patient has to decide if he or she wants to be treated for that .Only people with HIV of other immune def dieases must be treated for pos PPD.
    they should not ask any further qquestions if CXR ws negative .



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  • xgoogle
    11-12 05:34 PM
    Even if you are not paid, working for a for-profit organization implies taking away job from a legal resident/citizen who could otherwise have been paid. If its a non-profit org, its a different matter.




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  • chi_shark
    07-07 11:00 AM
    as i experienced, almost all attorneys will ask you to file ac21. some attorneys charge as much as $1000 each time you change jobs... its ka-ching for them...

    as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...

    as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...

    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris




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  • Berkeleybee
    02-14 01:21 PM
    Thanks for that Iptel.

    Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.

    best,
    Berkeleybee




    ahaadi
    01-08 01:47 PM
    I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.




    milind70
    07-17 04:11 PM
    So do I actually have to be in the US to mail in the AOS forms (I-485s)? I've been a legal US resident for years on an H1-B, and have been fortunate to have never had out-of-status issues or anything like that. BUT, as it happens, I'm up in Canada on vacation at the moment, planning to return next week. I've never had to get a visa stamp or surrender I-94 or any of that stuf.

    Do I need to actually be back in the US before lawyer sends in AOS forms ? Or is it sufficient that I'm a resident and will be back in the US once the AOS is processed.

    - GS
    I think you need to be in US when the application reaches the USCIS office.
    Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
    Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.



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